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Friend's Name and Address used by Fare Dodger. Prosecuted.

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Orkneytim

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Dear Fellow Forum Members,

A friend of mine has ended up in a real legal pickle because of the callous actions of a fare dodger in Cambridgeshire who gave my friends name and address when he was caught travelling between Cambridge and Broxbourne on a Greater Anglia train service without a ticket.

My friend is a UK citizen, but a permanent resident in South Africa, where he was working at a large brewery in Johannesburg on the day the offence was committed.

The problem is that the address that was given by the fare dodger was a self catering holiday home address in Orkney owned by my friend's parents, who are also permanently resident in South Africa. Post for family members does sometimes end up at the Orkney address, because it is the registered address of their business. I believe it is highly probable that a guest at the self catering establishment was able to make a note of my friend's name and the self catering address, and use it to his advantage to avoid the fare dodging situation by making my friend a victim of identity theft.

To make this matter much worse, all paperwork relating the fare dodging was, of course, sent to the self catering address in Orkney. It was eventually forwarded to him in South Africa months and months later, by which time Greater Anglia had issued him with a penalty fare, prosecuted him for non payment of the penalty fare, and the courts have now sent the police to the self catering property in Orkney to arrest him! His was of course not there, because he is permanently resident in South Africa!

In spite of trying to reason with the court, being aboard when the offence was committed does not appear make him innocent. On the contrary, he is now a wanted man and when he reenters this country, he is almost certain to be arrested for an offence that he has NOT committed!! The wheels of justice have simply run straight over the top of him, and it seems very difficult for him extricate himself from this mess and clear his good name.

In summary, as far as the courts are concerned, he has evaded court proceedings, been found guilty of failure to pay a penalty fare in absentia, he has acquired a criminal record, and there is warrant out for his arrest.

I would be really grateful for any advice that I can give him and his parents who are frantic with worry about this matter.
 
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najaB

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My friend is a UK citizen, but a permanent resident in South Africa, where he was working at a large brewery in Johannesburg on the day the offence was committed
If there's no way that they could have committed the offence then they cannot reasonably be prosecuted - provided they have their day in court (or, at the very least, they have a chance to present their evidence).

It sounds very odd indeed that they've been found guilty despite being able to prove that they weren't in the country at the time. I'd suggest consulting a solicitor with a view to an appeal against the decision.
 

vinnym70

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Sounds like an absolute mess if it's as true as portrayed and if the situation is as stated then I have huge sympathies for those innocent parties affected.

However, I have to say that, were I employed in any sort of revenue protection role and someone gave me an address in the Orkney Islands, I'd have taken a massive amount of interest and assumed someone was trying to get one over on me.

My experience as a passenger and hearing people without tickets being accosted by AGA folks is that addresses given tend to be validated by mobile phone calls - there and then. If the name and address given don't match public records then the conversation with the passenger usually takes a significant turn for the worse. So, with that in mind, it's interesting how this particular issue has gotten so far.

(Just an interested individual.... I have no knowledge of these matters whatsoever!)
 

Tetchytyke

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If they didn't know aboit the prosecution then they will have been convicted and fined in absentia. If they don't pay the fine then, ultimately, a warrant for arrest will be issued.

Your friend may be able to submit a statutory declaration that he didn't know about the proceedings, resetting the clock, but this must be done within 21 days of becoming aware of the conviction. I'm not sure if this can be done from abroad.
 

rs101

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Sounds to me like they tried to discuss this with the court after judgement had been passed, hence the proof of being out the country was irrelevant - is that correct? If so, I'd assume there's some way of either appealing?

If they use the Orkney address as their mailing address in the UK for various official/commercial purposes, then it's likely to appear on the databases used by the RPI .
 

swt_passenger

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If there's no way that they could have committed the offence then they cannot reasonably be prosecuted - provided they have their day in court (or, at the very least, they have a chance to present their evidence).

It sounds very odd indeed that they've been found guilty despite being able to prove that they weren't in the country at the time. I'd suggest consulting a solicitor with a view to an appeal against the decision.
I think you’ve possibly misread the timeline, it reads that the proceedings had happened before the affected party ever got to know about them..
 

Adlington

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addresses given tend to be validated by mobile phone calls - there and then. If the name and address given don't match public records then the conversation with the passenger usually takes a significant turn for the worse.
The name/address check can only confirm that a John Smith lives at 10 Acacia Avenue, Greater Snodbury. But NOT that the ticketless passenger willingly supplying the information is actually John Smith.
 

najaB

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I think you’ve possibly misread the timeline, it reads that the proceedings had happened before the affected party ever got to know about them.
I have indeed. Not that it's a good excuse but I was reading it on my phone at the time and scrolled past the paragraph that contained the timeline.
 

dgl

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I've just thought, if the supposed perpetrator was outside the country then won't there be a record of him leaving the country and no record of him coming back thus proving he wasn't there at the time the offence took place.
 

najaB

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I've just thought, if the supposed perpetrator was outside the country then won't there be a record of him leaving the country and no record of him coming back thus proving he wasn't there at the time the offence took place.
That would, one presumes, form the basis of an appeal.
 

vinnym70

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That is certainly good news!

That really depends on how the local authorities respond to notification that he's on a plane inbound to the UK. Don't underestimate what an airport police force may, or may not, respond to on any given day because there's no hard and fast rules around what they can or can't do. Let's just say that quiet days make their own excitement. HIGHLY UNLIKELY but not IMPOSSIBLE.
 

baz962

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That really depends on how the local authorities respond to notification that he's on a plane inbound to the UK. Don't underestimate what an airport police force may, or may not, respond to on any given day because there's no hard and fast rules around what they can or can't do. Let's just say that quiet days make their own excitement. HIGHLY UNLIKELY but not IMPOSSIBLE.

I know of someone arrested off a plane for dodging his parking charges by airport police.
 

Orkneytim

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That would, one presumes, form the basis of an appeal.

At this stage, I am given to understand that the family are uncertain of to whom they should appeal, or how they should go about framing an appeal. The family have a Scottish lawyer in Orkney and access to a lawyers in South Africa, but being in South Africa, none of the concerned parties are familiar with the processes that need to be followed to sort out this mess. The case was heard in England. I gather family attempts to open dialogue with court officials has fallen fell on deaf ears, apart from last week, when local police in the Orkney Islands were sent to their Self Catering property in Orkney to arrest my friend.

I believe that the family almost certainly need to make contact with an English firm of solicitors who specialise in these sort of cases, if there is such a firm. However, I would like to think that the sucessful prosecution of totally innocent individuals for fare evasion is very rare, and wonder if such legal expertise actually exists in England.
 

najaB

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However, I would like to think that the sucessful prosecution of totally innocent individuals for fare evasion is very rare, and wonder if such legal expertise actually exists in England.
Uncontested prosecutions are far from rare. There's no need to instruct specialist lawyers as long as it's been less than 21 days since they became aware of the conviction. They need to (a) file a statutory declaration with the convicting court to the effect that they didn't know anything about the prosecution; (b) plead not guilty; and (c) present the relevant information to the court.
 

Orkneytim

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Uncontested prosecutions are far from rare. There's no need to instruct specialist lawyers as long as it's been less than 21 days since they became aware of the conviction. They need to (a) file a statutory declaration with the convicting court to the effect that they didn't know anything about the prosecution; (b) plead not guilty; and (c) present the relevant information to the court.

Because of the time lag in getting the case information in South Africa, that 21 day slot has been and gone. Also I have learnt that any declarations would have to be done in an English Court and he is in South Africa.
I know of someone arrested off a plane for dodging his parking charges by airport police.

That is actually more worrying.

I did think that because there is an actual arrest warrant out for him, that such information would be cross checked in a UK Border Authority database and a "flag" put against his Passport Number so that authorities would be aware of the outstanding warrant and arrest him if he was to enter the country.
 

najaB

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Because of the time lag in getting the case information in South Africa, that 21 day slot has been and gone.
Has it? It's not 21 days from the conviction, it's 21 days from becoming aware of it.
Also I have learnt that any declarations would have to be done in an English Court and he is in South Africa.
I believe that the declaration can be signed in a JP/notary's office and submitted by post.
 

Llanigraham

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Person apprehended and gives a false name and address. Remember that there is no requirement for UK residents to carry ID so stated details are accepted.
Name and address checked and confirmed as correct. Accused has done their homework!
Correspondence sent to address but no response made.
Court hearing dates sent to address but no response made.
Court hearing undertaken with accusued not present. A common proceedure!
Person found guilty and fine issued.
Fine not paid.
Court issues further correspondence but no response.
Arrest warrant issued.

The Railway Company and the Court have fully and correctly followed legal proceedure.
 

cuccir

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As Llaningraham outlined, what has happened so far is legal and relatively normal. Let's accept that for now and offer advice based on it, rather than further speculation.

There is 21 days from hearing of an offence to make a statutory declaration. A court can choose to allow a declaration that missed this deadline - I'm not sure what would count as a valid reason but being abroad could be part of this.

See a suggested form: https://www.gov.uk/government/publi...edure-rules-new-form-of-statutory-declaration

It should be a straight forward matter to find out if a South African lawyer can witness the s.d. As it's a Commonwealth county, they might be able to do so. The easiest way to find out would be to telephone the magistrates court at which the conviction occured.

However if as suggested it's not possible, someone at a British Embassy or Consulate would almost definitely be able to witness it.
 

Puffing Devil

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Has it? It's not 21 days from the conviction, it's 21 days from becoming aware of it.I believe that the declaration can be signed in a JP/notary's office and submitted by post.

^ This - your friend needs to crack on and make the declaration. In exceptional circumstances the 21 day limit can be extended. From the mess you describe, it may be best to pay for a local lawyer to sort this out.
 

Puffing Devil

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There is 21 days from hearing of an offence to make a statutory declaration. A court can choose to allow a declaration that missed this deadline - I'm not sure what would count as a valid reason but being abroad could be part of this.

See a suggested form: https://www.gov.uk/government/publi...edure-rules-new-form-of-statutory-declaration

It should be a straight forward matter to find out if a South African lawyer can witness the s.d. As it's a Commonwealth county, they might be able to do so. The easiest way to find out would be to telephone the magistrates court at which the conviction occured. If not a lawyer, someone at the British Embassy would probably be able to witness it.

Looks like we cross posted. All good comment - I would be concerned that they already appear to have contacted the court with little success and this may be one case where a local solicitor may be well placed to help. Sometimes a little local knowledge of the court goes a long way.
 

Orkneytim

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As Llaningraham outlined, what has happened so far is legal and relatively normal. Let's accept that for now and offer advice based on it, rather than further speculation.

There is 21 days from hearing of an offence to make a statutory declaration. A court can choose to allow a declaration that missed this deadline - I'm not sure what would count as a valid reason but being abroad could be part of this.

See a suggested form: https://www.gov.uk/government/publi...edure-rules-new-form-of-statutory-declaration

It should be a straight forward matter to find out if a South African lawyer can witness the s.d. As it's a Commonwealth county, they might be able to do so. The easiest way to find out would be to telephone the magistrates court at which the conviction occured.

However if as suggested it's not possible, someone at a British Embassy or Consulate would almost definitely be able to witness it.

Thank you very much for this. I am very grateful for your very helpful advice cuccir. I will email my friend in South Africa and advise him to consult with a South African lawyer to see if a Statutory Declaration can be done at the British Consulate. It will be a real pain for him to have to travel all the way from South Africa to the U.K. to clear his name. I am certain that if it comes to that, he will do so as he knows he is completely innocent.
 

Puffing Devil

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Thank you very much for this. I am very grateful for your very helpful advice cuccir. I will email my friend in South Africa and advise him to consult with a South African lawyer to see if a Statutory Declaration can be done at the British Consulate. It will be a real pain for him to have to travel all the way from South Africa to the U.K. to clear his name. I am certain that if it comes to that, he will do so as he knows he is completely innocent.

I would recommend that your friend contacts a criminal law solicitor close to the court where the matter was dealt with in the UK. ZA lawyers don't have the hands-on experience of the UK legal system and will only rely on instructing a UK solicitor as agent and costs will increase unnecessarily. A UK solicitor will also be able to advise who outside of the UK can take the stat dec; if it's not possible to get it sworn outside of the UK, they may be able to make reasonable representations now to ensure that the 21-day limit will be extended.

If your friend was in the UK and within the 21 days, it would be quite a simple matter to resolve without legal help. Being out of the country and with the previous court contact makes it a little trickier to navigate.
 

Orkneytim

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I would recommend that your friend contacts a criminal law solicitor close to the court where the matter was dealt with in the UK. ZA lawyers don't have the hands-on experience of the UK legal system and will only rely on instructing a UK solicitor as agent and costs will increase unnecessarily. A UK solicitor will also be able to advise who outside of the UK can take the stat dec; if it's not possible to get it sworn outside of the UK, they may be able to make reasonable representations now to ensure that the 21-day limit will be extended.

If your friend was in the UK and within the 21 days, it would be quite a simple matter to resolve without legal help. Being out of the country and with the previous court contact makes it a little trickier to navigate.

Thanks for that. My friend is living permanently in SA and very rarely visits the UK. So the hope would be that it might be possible to negotiate to make an extended stat dec somewhere in SA.

The family is Scottish, which also complicates things, because the family would normally retain the services of a Scottish lawyer to handle their UK business. In this case, Scottish lawyers have no jurisdiction and do not practice in England, because the two legal systems are completely separate and different, so their usual lawyer will not be in a position to handle their case and would also have to instruct an English lawyer as an agent!

I have now forwarded the details of an English firm of solicitors who specialise in dealing with Fare Evasion prosecutions to the family. Hopefully this will help to make progress with this matter and they can instruct an English lawyer with the right experience.
 

najaB

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I have now forwarded the details of an English firm of solicitors who specialise in dealing with Fare Evasion prosecutions to the family.
Might I be as bold as to say that you've done them a disservice there? 'Railway solicitors' don't come cheap and, seeing as there's no possible way he could be guilty, their specialist knowledge and skills are unnecessary.
 

Haywain

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I agree with najaB on this. Your friend simply needs the services of a criminal defence lawyer, not a specialist.
 

cuccir

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Might I be as bold as to say that you've done them a disservice there? 'Railway solicitors' don't come cheap and, seeing as there's no possible way he could be guilty, their specialist knowledge and skills are unnecessary.

Just to triple emphasise this matter: at the moment this is not a railway-specialist matter. Any solicitor can advise on statutory declarations.

Even after that, it is unlikely to require specialist railway knowledge. All that's needed is a suitable letter to the TOC's prosecution team saying:
* the alleged offender was not me
* I was in South Africa at the date
* I have the following (list of evidence) that would prove this if needed
* If wanted, your friend could even attach a photocopy of some but not all this evidence eg a statement from an employer, a copy of a contract of employment but this is not strictly necessary.

For piece of mind if your friend has the money then they could pay a solicitor to write this letter for them, again this does not need specialist railway knowledge - but frankly any professional person ought to be able to write a suitably clear and convincing letter to close this matter, once the statutory declaration has been sorted.
 

K12r

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The advice so far has been spot on. A speedy statutory declaration to get the verdict overturned followed by meaningful pre trial communications regarding his defence case .
 
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